The Court of Appeal's decision signals that police who
make promises of confidentiality to witnesses can be held to that promise and that a breach of confidence can warrant significant damages.
But CRU has struggled to respond to numerous requests filed under Britain's Freedom of Information Act that seek raw temperature data from weather stations, including observations obtained from other countries
under promise of confidentiality.
Doe's best argument might be «that the church breached
a promise of confidentiality made by the member who said, in the lead - up to the baptism, «Nobody will find out.
In fact, it took four years of gradually building trust, listening, validating
a promise of confidentiality, and celebrating small and great victories.
The researchers had obtained personal health information from 22,000 participants on
the promise of confidentiality.
Without
the promise of confidentiality, companies may worry that if the story gets out that they paid money to a former employee, the public will assume the employer did something wrong; they may also worry that it will create a slippery slope of ever increasing demands for settlement funds when they are required to terminate other employees» employment.
For the Court of Appeal, the «fundamental point» is that the police made
a promise of confidentiality and anonymity to Ms. Stack in exchange for information: «That promise gave rise to a common law and equitable right entitling Ms. Stack to have her identity kept confidential.
On appeal, the police argue the Trial Judge erred in finding
a promise of confidentiality, that the elements necessary for a claim of damages for breach of informer privilege are lacking, and that the damage award is excessive.
For the Trial Judge, a plaintiff only need prove the police made
a promise of confidentiality in exchange for information.
We think these descriptions will give you the flavor of the discussion while still honoring Duke's
promise of confidentiality.
The logic applied just as much to administrative proceedings: «Holding parties who receive the Record under an implied obligation not to use information in it for a collateral purpose promotes the public interest in obtaining full disclosure of [relevant] material..., just as
this promise of confidentiality supports the obligation of complete disclosure between parties in civil actions» (at para. 37).
The promise of confidentiality is at the heart of the lawyer - client relationship.
Finally, the Court was unprepared «[t] o throw a constitutional immunity around the interactions of such a heterogeneous and ill - defined group of writers and speakers and whichever «sources» they deem worthy of
a promise of confidentiality and on whatever terms they may choose to offer it» (para. 40).
After much debate on the issue, in August 2014, Justice Paul Perell of the Ontario Superior Court ordered the destruction of IAP records following a 15 - year retention period, a decision Shapiro heralded as important to maintain
the promise of confidentiality given to IAP claimants.
With teens,
the promise of confidentiality gives them permission to explore the difficulties they are experiencing.